Resolution-PC 2011-092RESOLUTION NO. PC2011 -092
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A CEQA NEGATIVE DECLARATION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING TENTATIVE TRACT MAP NO. 17422
(DEV2011- 00032)
(SOUTHEAST CORNER OF KROEGER STREET AND SANTA ANA STREET)
WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning
Commission ") did receive a verified Petition for Tentative Tract Map No. 17422 to establish a 19-
lot subdivision, to include 18 additional lettered lots for non - residential development, to permit the
construction of 226 attached condominiums, for that certain real property located at the southeast
comer of Kroeger Street and Santa Ana Street in the City of Anaheim, County of Orange, State of
California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by
this reference; and
WHEREAS, the 12 -acre subject property is currently vacant and is located in the
RM -4 (Multiple Family Residential) Zone. The Anaheim General Plan designates this property for
Medium Density Residential land uses; and
WHEREAS, Tentative Tract Map No. 17422 is proposed in conjunction with
Conditional Use Permit No. 2011- 05557; and
WHEREAS, the Planning Commission did hold a public hearing at the Anaheim
Civic Center, Council Chamber, 200 South Anaheim Boulevard, on November 21, 2011, at 5:00
p.m., notice of said public hearing having been duly given as required by law and in accordance
with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence
for and against said proposed project actions, including Tentative Tract Map No. l 7422, and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing, does find and determine the following facts:
1. That the proposed tentative tract map, including its design and improvements, is
consistent with the City of Anaheim General Plan designation of Medium Density Residential land
use.
2. That the site is physically suitable for the proposed type of development at the
proposed density and therefore would not cause public health or safety problems or environmental
damage.
3. That the design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat.
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4. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
5. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within the proposed
subdivision.
WHEREAS, the Planning Commission has reviewed the proposal and does hereby
find that the Negative Declaration is adequate to serve as the required environmental documentation
in connection with this request upon finding that the declaration reflects the independent judgment
of the lead agency and that it has considered the Negative Declaration together with any comments
received during the public review process and further finding on the basis of the initial study and
any comments received that there is no substantial evidence that the project will have a significant
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby grant the subject Petition for Tentative Tract Map subject to the conditions of approval
described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found
to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
health, safety and general welfare of the Citizens of the City of Anaheim:
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with
each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction,
then this Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the approval of the final map for this project, whichever
occurs first. Failure to pay all charges shall result in delays in the approval of the final map or the
revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of November 21, 2011. Said r o u '.•n is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions — t eneral" of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City cil Resolution in the event of an appeal.
ATTEST:
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CHA AN,
SECRETARY, ANAHEIM PLANNING COMMISSION
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ANNING COMMISSION
PC2011 -092
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on November 21, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of November, 2011.
SECRETARY, ANAHEIM PLANNING COMMISSION
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D EV NO. 2011 -00032
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
PC2011 -092
NO.
CONDITIONS OF APPROVAL
SIGNED
OFF BY
REVIEW
BY
PRIOR TO FINAL MAP APPROVAL
1
Vehicular access rights to Santa Ana Street, Valencia Street, and Kroeger
Street, except at the street openings, shall be released and relinquished to the
City of Anaheim.
Public Works
Development
Services
2
All lots shall be assigned street addresses by the Building Division. The
street names for the private streets shall be submitted to and approved by the
Building Division.
Planning,
Building
Division
3
A maintenance covenant shall be submitted to the Subdivision Section and
approved by the City Attorney's office. The covenant shall include
provisions for maintenance of private facilities, including compliance with
approved Water Quality Management Plan, and a maintenance exhibit
Maintenance responsibilities shall include parkway landscaping and
irrigation on Santa Ana Street, Water Street, and Valencia Street. The
covenant shall be recorded concurrently with the final map.
Public Works
Development
Services
4
Prior to issuance of the first building permit, excluding the model homes, the
final tract map shall be submitted to and approved by the City of Anaheim
Department of Public Works and the Orange County Surveyor for technical
review and that all applicable conditions of approval have been complied
with and then shall be filed in the Office of the Orange County Recorder.
Public Works
Development
Services
5
The legal property owner shall post a security and execute a Subdivision
Agreement to complete the required public improvements at the legal
property owner's expense in an amount approved by the City Engineer, and a
form approved by the City Attorney. Said agreement shall be submitted to
the Public Works Department, Development Services Section.
Public Works
Development
Services
6
The legal property owner shall irrevocably offer to dedicate to the City of
Anaheim easements for road, public utilities and other public purposes.
Comer cut -off dedications at proposed street intersections are also required.
Public Works
Development
Services
7
The legal owner shall provide updated proof of ownership and insurable title
to the land described by the tract boundaries prior to final map approval. All
easements, encumbrances, and ownership interests affecting the map, which
are not plotted or referenced on the map, shall be vacated and or terminated,
prior to final map approval.
Public Works
Development
Services
EXHIBIT "B99
TENTATIVE TRACT MAP NO. 17422
(DEV201111- 00032)
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PC2011 -092
8
The easternmost proposed driveway approach on Santa Ana Street shall be
approved by the Federal Railroad Administration and a copy of an approval
Public Works,
Traffic and
letter shall be submitted to the City of Anaheim Department of Public
Transportation
Works. If the approval letter is not received prior to Final Map approval, the
easternmost proposed driveway approach on Santa Ana Street shall be
deleted from Final map and the on -site circulation shall be in compliance
with all City of Anaheim regulations.
9
The final map shall be submitted to the City of Anaheim Department of
Public Works
Public Works and the Orange County Surveyor for technical review to verify
Development
that all applicable conditions of approval have been complied with.
Services
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